Hi

Anyone work in HR?

Missus-g worked on a temp contract for 2 years before she left to go on maternity. She got some maternity pay from the agency but obviously her job was not kept open for her to return to. Anyway, her 9 months of free money has now run out, so she has contacted the agency to look for work again and while she was speaking to them asked if she had any holiday outstanding. The agency are under the impression that while she was on receiving maternity pay for 9 months she was accruing holiday the whole time.

Does this sound right? would she get paid holiday at her usual full rate or at the maternity rate?

You have a whole can of worms there. Under some ( Most??) circumstances you cannot be on a temp contract for 2 years. Temp workers cannot be treated less favourably than permanent ones.

Was she working for the same company all this time?

I don't know the specifics about accruing holiday while on mat leave – you certainly do while on sick leave odd tho it seems.

Get real advice if you are concerned.

Don't know whether this is of any help:

http://www.adviceguide.org.uk/index/your_money/employment/holidays_and_holiday_pay.htm#holiday_and_maternity-paternity_if_you_are_sick

You definitely do accrue holiday whilst on maternity – mrs aracer had to delicately raise that with the boss of her small company when discussing return dates last week (he should really have known as his wife was recently off on maternity!) Fortunately she has brownie points after stopping taking nursery vouchers during her maternity – we both agreed keeping taking them was a big con.

If her job was not kept open, she will not have accrued holiday entitlement